§11-22-8. Penalty for recording without documentary stamp;
effect.
Any clerk who shall record any document upon which a tax is
imposed by this article without the proper documentary stamp or
stamps affixed thereto as required by this article as is
indicated in such document or accompanying declaration shall,
upon conviction in a court of competent jurisdiction, be fined
fifty dollars.

Failure of the clerk to require the attachment of the proper
number of stamps shall not affect the recordability of the
instrument, if otherwise recordable and regularly recorded. The
failure to pay this tax and to attach the required stamps shall
not be or constitute a lien or claim against the property
conveyed by the recorded instrument.